M. Vasteen Jayakumar v. Latha Bai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.167 of 2017 (PD) M.Vasteen Jayakumar ..Petitioner/ Petitioner Vs.

1.Latha Bai 2.Jebishan Varches (minor) 3.Jebin (Minor) (Minor respondents/plaintiffs 2 & 3 represented by their mother the 1st respondent/plaintiff as guardian) ..Respondent/ Respondent PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the Principal District Munsif, Eraniel to dispose the I.A.No.629 of 2014 in O.S.No.112/2009 within a specified time as fixed by this Court. For Petitioner : Mr.K.P.Narayanakumar

ORDER

The petitioner has filed this Civil Revision Petition to direct the Principal District Munsif, Eraniel to dispose the I.A.No.629 of 2014 in O.S.No.112/2009 within a specified time fixed by this Court.

2.The petitioner is the defendant in the suit. The respondents are the plaintiffs. The respondents filed suit in O.S.No.112 of 2009 before the Principal District Munsif, Eraniel for recovery of money of Rs.30,000/- as arrears of maintenance. Along with suit, respondents filed I.A.No.285 of 2009 for attachment before the judgment in respect of 5 items of the property and the said application was ordered. The petitioner has filed I.A.No.629 of 2014 to raise the attachment with regard to the items 2 to 5 of the plaint schedule property. In the said I.A., the respondents filed counter on 16.04.2015. Subsequently, the said I.A., being adjourned without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition for early disposal of the I.A.No.629 of 2014. 3.

I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. https://hcservices.ecourts.gov.in/hcservices/ 4.Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the Principal District Munsif-cum-Judicial Magistrate, Eraniel.

5.Accordingly, this Civil Revision Petition is allowed and the learned Principal District Munsif-cum-Judicial Magistrate, Eraniel is directed to dispose of I.A.No.629 of 2014 in O.S.No.112 of 2009 as expeditiously as possible, in any event, not later than, 30th March, 2017. No costs.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To The Principal District Munsif-cum-Judicial Magistrate, Eraniel. Kanyakumari District.

+1 cc to Mr.K.P.Narayanakumar, Advocate, SR.No:4777 Am sva/jm/09.02.2017/2p/3c C.R.P(MD)No.167 of 2017 (PD) 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/